ALJDEC - Licensing

26A-102123-BUS · Department of Public Safety - Student Transportation · 2025-10-16

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of the Cancellation of the School Bus Driver Certificate of:

Vince Henry

Certificate No. 56225

No. 26A-102123-BUS

ADMINISTRATIVE LAW JUDGE DECISION

HEARING: September 26, 2025

APPEARANCES: Vince Henry (hereinafter “Appellant”) did not appear. Assistant Attorney General Kenneth Hughes appeared on behalf of the Department of Public Safety - Student Transportation (hereinafter “Respondent”).

ADMINISTRATIVE LAW JUDGE: Velva Moses-Thompson

EXHIBITS ADMITTED INTO EVIDENCE: None.

FINDINGS OF FACT

The above-captioned matter was set to convene for a hearing at 1:00 p.m. on September 26, 2025, before the Office of Administrative Hearings (hereinafter “OAH”), an independent state agency located in Phoenix, Arizona.

Appellant did not appear at the hearing.

No communication was received by OAH on behalf of Appellant to provide notice of unavailability, to appear via alternative means, or to continue the hearing to a later date.

Consequently, the hearing was not convened, and no evidence was taken.

There is no evidence that Appellant subsequently contacted OAH to provide an explanation for not appearing at the scheduled hearing.

CONCLUSIONS OF LAW

The burden of proof at an administrative hearing falls to the party asserting a claim, right, or entitlement, and the standard of proof on all issues in this matter is by a preponderance of the evidence. In this matter, Appellant bears the burden of proof to establish that the determination at issue was incorrectly or unlawfully issued by Respondent.

If a party fails to appear at a hearing, the administrative law judge may vacate the hearing and return the matter to the agency for any further action.

By not appearing to prosecute the appeal, not contacting OAH to make an election to appear by phone or video conference, and not contacting OAH to provide an explanation for not appearing at the hearing, the evidence supports a conclusion that Appellant abandoned the appeal.

Consequently, Appellant failed to meet the requisite burden of proof. Appellant’s appeal is unsupported by evidence and should be dismissed.

RECOMMENDED ORDER

In view of the foregoing, the hearing is vacated, and the matter is returned to the Department of Public Safety-Student Transportation for further action.

Pursuant to A.R.S. § 41-1092.08(I), the licensee may accept the Administrative Law Judge Decision by advising the Office of Administrative Hearings in writing not more than ten (10) days after receiving the decision. If the licensee accepts the Administrative Law Judge Decision, the decision shall be certified as the final decision by the Office of Administrative Hearings.

In the event of certification of the Administrative Law Judge Decision by the Director of the Office of Administrative Hearings, the effective date of the Order will be forty (40) days from the date of that certification.

Done this day, October 16, 2025.

/s/ Velva Moses-Thompson

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Jeffrey D. Glover, Colonel

Department of Public Safety - Student Transportation

Vince Henry

[email redacted]

Jeffrey D. Glover

Department of Public Safety - Student Transportation

[email redacted]

[email redacted]

[email redacted]

Arizona Department of Public Safety

[email redacted]

[email redacted]

By: OAH Staff